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PC Min 11/24/1998CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY NOVEMBER 24, 1998 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of November 24, 1998, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairman Lowe, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chmr: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Dennis Lowe Brad Jones Tom Francois Elizabeth Gibbons Susan A. Keams Mel Lindstrom Jane Meyer-Kennedy Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Planner II: Planner I: Planner I: City Attomey: Reporting Secretary: Steve Piasecki Sharon Fierro Gloria Sciara Aki Irani Barbara Schoetz Ryan William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Lindstrom, seconded by Commissioner Kearns, the Planning Commission minutes of November 10, 1998, were approved. (6-0-1; Chairman Lowe abstained.) Planning Commission Minutes of November 24, 1998 Page 2 COMMUNICATIONS. 1. Additional findings for Item No. 2. 2. Additional Conditions for Item No. 3. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. SPECIAL PRESENTATION Chairman Lowe presented Resolution No. 3203 to Commissioner Meyer-Kennedy. Commissioner Meyer-Kennedy thanked the Commission, stating that she is excited about her election to the Council but sad to be leaving the Planning Commission. She stated that she has enjoyed her tenure over the last 16 years and thanked the current and former Commissioners which whom she has served as well as the staff. PUBLIC HEARING Chairman Lowe read Agenda Item No. 1 into the record. 1. UP 98-09/S 98-22 Nextel Continued Public Heating to consider the application of Nextel Communications for approval of a Conditional Use Permit (UP 98-09) and a Site and Architectural Approval (S 98-22) to allow the installation of cellular antennas on an existing PG&E transmission tower on property located at 1849 Pollard Road in a PD (Planned Development) Zoning District. This project is Categorically Exempt. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. (Continued from the Planning Commission meeting of November 10, 1998) Ms. Gloria Sciara, Planner II, presented the staff report as follows: · This application is for a Use Permit and Site and Architectural Approval to allow for six cellular antennas on an existing PG&E tower. · The zoning for the site, located near Highway 85, is Planned Development. · The Planning Commission previously approved another antenna installation at this site. · The proposed antennas will be installed at 85 feet and a 10 x 20 foot enclosure will be installed for equipment. · Staff recommends the addition of vines or slats on the chain link fence. · Staff is supportive of this application. Planning Commission Minutes of November 24, 1998 Page 3 Commissioner Meyer-Kennedy asked if there would be any problem with the planting of landscaping due to any underground utilities. Ms. Gloria Sciara replied that such a concern has not come up. Chairman Lowe sought clarification about the matching of color between the antennas and existing tower. Ms. Gloria Sciara advised that the antennas would be painted gray to match the tower and reduce visibility. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on October 27, 1998, and found the application to be consistent with the objectives of the Ordinance. · SARC is pleased with the coordination efforts of the applicant with the City. Chairman Lowe opened the Public Heating for Agenda Item No. 1. Mr. Heinz Lumpp, Applicant, Nextel: · Advised that it is their program to utilize existing PG&E towers and to co-locate sites. · Said that Sprint already has antennas on site. · Informed that at SARC's recommendation they moved the location of the equipment enclosure. · Stated that there is no problem with the placement of landscaping. Chairman Lowe stated that the other antennas on site are smaller and placed lower on the tower. Mr. Heinz Lumpp advised that the two companies use different technology. Sprint is a PCS Carder while Nextel offers both cellular and dispatch. They utilized different antenna systems. Chairman Lowe closed the Public Heating for Agenda Item No. 1. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Kearns, the Planning Commissioner adopted Resolution No. 3204 granting a Conditional Use Permit (UP 98-09) and Site and Architectural Approval (S 98-22) to allow the installation of cellular antennas on an existing PG&E transmission tower on property located at 1849 Pollard Road, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer- Kennedy NOES: None ABSENT: None ABSTAIN: None Planning Commission Minutes of November 24, 1998 Page 4 Chairman Lowe advised that this approval is final in 10 days unless appealed in writing to the City Clerk. Commissioner Meyer-Kennedy announced that she would be abstaining from Items No. 2 and 3 as her office is located in Downtown Campbell. Chairman Lowe read Agenda Item No. 2 into the record. S 98-09 BWI Downtown Partners Public Heating to consider the application of BWI Downtown Partners for a Site and Architectural Approval (S 98-09) to allow the construction of a 12,711 square foot, two-story office building with an interior first floor parking garage on property located at 54 IN. Central Avenue in the C-3-S (Central Business District) Zoning District. A Negative Declaration has been prepared for this project. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Ms. Barbara Schoetz Ryan, Planner I, presented the staff report as follows: · The applicant is seeking approvals to construct a two-story office building on property located at 54 N. Central Avenue, an 18,000 square foot parcel on the southeast comer of Civic Center Drive and Central Avenue. · The applicant will demolish the existing building and 37 parking spaces and construct a new two-story office building, with garage space for 20 vehicles and 10 additional uncovered parking spaces. · This construction will result in an expansion of 10,000 square feet of space and a decrease of seven parking spaces. · The Land Use is Commercial and the Zoning is C-3. · An office building is permitted. · The Downtown Development Plan encourages shared parking. The applicant proposes to share 10 spaces that are uncovered. The 20 covered spaces are proposed for use only by the offices. · The building materials include mission tile roofing and stucco walls. · Two large redwood trees (34 and 36-inches in diameter) will be retained. · SARC reviewed the project and was supportive of saving the redwood trees and in allowing the garage to be used by downtown patrons in the evenings after the office building is closed. · Staff recommends a Negative Declaration and that the Commission approve this project. Commissioner Gibbons asked staff if Condition No. 3 means that if a different owner owns some of the BWI owned buildings would the parking still be available to those buildings. Ms. Barbara Schoetz Ryan replied no. Planning Commission Minutes of November 24, 1998 Page 5 Commissioner Gibbons asked the schedule for this project. Chairman Lowe asked about the reduction in parking spaces from 37 to 30. Ms. Barbara Schoetz Ryan advised that even with the reduction in the number of spaces, the applicant is meeting the parking requirements for their proposal. The C-3 Zoning requires that 40% of parking spaces be compact (8xl 6) and 60% be standard size (9x20). Commissioner Jones presented the Site and Architectural Review Committee report as follows: · SARC meet on November 10th and was supportive. · SARC's main concern was the saving of the redwood trees and the parking spaces' size and accessibility. · SARC wants to see all 30 spaces available for outside use after the offices are closed. Chairman Lowe opened the Public Hearing for Agenda Item No. 2. Mr. Bruce Bowen, Applicant, 54 N. Central Avenue, Campbell: · Advised that the big issue for this project is parking, particularly shared use. · Expressed concern for the requirement to record a covenant. Stating that he is not comfortable encumbering the property in this way. · Advised that over the years they have allowed outside users to park on their lot. · Informed that they have pulled the building back on the site in order to save one of the redwood trees. Commissioner Lindstrom said that the covenant can be changed in the future if ownership and/or circumstances change. Commissioner Francois advised that the applicant can appeal. City Attorney William Seligmann advised that if the covenant does not make sense in the future, the applicant can come back for a modification to release the covenant. Chairman Lowe stated that he supports shared parking after hours. Commissioner Jones stated that during the day the spaces would be reserved for the offices. Said that he is against restricting the parking to only the other buildings owned by the applicant. Commissioner Gibbons asked if the arborist's report was ready. Mr. Bruce Bowen answered that it has not yet been received in writing. Planning Commission Minutes of November 24, 1998 Page 6 Commissioner Gibbons mentioned the fact that on several occasions during the year, the site will be less accessible as a result of community events in the downtown where the roadways are blocked off. Asked when the project was scheduled to be built. Mr. Bruce Bowen advised that they would break ground in six months and the construction should take about six months. Chairman Lowe closed the Public Hearing for Agenda Item No. 2. Commissioner Keams stated that she supports shared parking after hours. Commissioner Lindstrom stated that the building is a nice one. Agreed that the wording of the Condition on parking is proper. Commissioner Gibbons stated that it is reasonable to limit the parking to the tenants of the applicant's own buildings. Commissioner Jones asked if a parking plan is required. Mr. Steve Piasecki advised that a parking plan is only required when parking is deficient. That is not the case with the project. The applicant can provide the required number of spaces on site. Chairman Lowe stated that he hates to see a gate. Rather the parking area should be open. Commissioner Gibbons suggested a compromise whereby the 20 parking spaces be made available for public parking on weekends from 8 a.m. to 8 p.m. and leave the weekday evening conditions as proposed. Chairman Lowe reopened the Public Heating for Agenda Item No. 2. Commissioner Gibbons asked how the 20 spaces would be controlled. Mr. Bruce Bowen, Applicant, replied that pass cards during the day and gates would be left up in the evenings. Added that during the day, the spaces must be controlled for those working in the office. Stated that he has a problem with being obligated to provide public parking. Mr. Steve Piasecki suggested that the applicant can allow the employees of his several buildings to park on site after 6 p.m. to leave public spaces elsewhere in the downtown available for the public as well as having the lot open on weekends. Mr. Bruce Bowen stated that he has no problem with the spaces being used after hours but does disagree that a covenant should be imposed. Planning Commission Minutes of November 24, 1998 Page 7 Chairman Lowe expressed his disappointment in the idea that a gate is even considered necessary in Campbell. Commissioner Keams added that she is not supportive of the gate. Commissioner Francois stated that the gate adds security for the building and that he is supportive of it. Added that the applicant has been generous with public parking on his property and he should have a say in how he does it. Commissioner Gibbons said that she is not happy about the gate. Added that as a compromise she would like the spaces made available during weekends. Commissioner Lindstrom stated that the applicant has worked with people downtown and he has been and will continue to share spaces. The gate and security will cost him. Added that the project is good and he will support it. Chairman Lowe closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Kearns, the Planning Commissioner adopted a Negative Declaration and adopted Resolution No. 3205 granting a Site and Architectural Approval (S 98-08) to allow the construction of a 12,711 square foot, two-story office building with an interior first floor parking garage, with the added condition that the applicant record a covenant stating his understanding and support that on several occasions a year accessibility downtown will be cut off to host community events, on property located at 54 N. Central Avenue, by the following roll call vote: AYES: Francois, Jones, Kearns, Lindstrom, Lowe NOES: Gibbons ABSENT: None ABSTAIN: Meyer-Kennedy Chairman Lowe advised that this approval is final in 10 days unless appealed in writing to the City Clerk. Chairman Lowe read Agenda Item No. 3 into the record. S 98-17/UP 98-11 BWI Downtown Partners Public Hearing to consider the application of BWI Downtown Partners for a Site and Architectural Approval (S 98-17) to allow the construction of a new two-story building in the Downtown area and approval of a Conditional Use Permit (LIP 98-11) to allow a billiard establishment on property located at Planning Commission Minutes of November 24, 1998 Page 8 368 E. Campbell Avenue in the C-3-S (Central Business District Zoning District. A Negative Declaration has been prepared for this project. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Ms. Aki Irani, Planner I, presented the staff report as follows: · The applicant is seeking a Site Approval to allow a two-story commercial building and a Use Permit to allow the establishment of a billiard hall in the new building. · The project site is on the southeast comer of E. Campbell Avenue and Central Avenue. Surrounding uses include a hair salon, restaurant, commercial uses and offices. · Zoning is C-3-S (Central Business District). A billiard hall is a permitted use with a Use Permit provided the finding can be made that the use would be similar to a commercial use. · The proposed building is a two-story with 14 parking spaces provided. · The applicant is also seeking a parking adjustment to allow 8 ½ foot wide parking stalls instead of the required 9-foot width. · SARC and staffhave recommended additional detailing on the building. · The applicant will be required to record a covenant agreeing to work with the adjacent property owner in the future to work out ingress/egress from one site to the other. · A Use Permit is required for the billiard use, on-sale liquor sales, later hours of operation and allowing minors. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: SARC met on November l0th and had extensive comments including parking stall width reduction, pattern and number of windows and the inconsistency between the first and second story windows. Some of the changes have been implemented on the revisions but not all details have been worked out. Chairman Lowe opened the Public Hearing for Agenda Item No. 3. Mr. Bruce Bowen, Applicant: · Agreed that a number of the issues raised at SARC have been addressed. · Strongly expressed his lack of willingness to work out a reciprocal access from his property to the adjacent, stating that he cannot encumber his property in a way that is detrimental to his interests. Commissioner Gibbons again wanted Mr. Bowen to agree to support community events that may shut down traffic in the downtown up to six times per year such as the Harvest Festival. Also wanted to ensure that noise from this site not interfere without other adjacent uses. Mr. Bruce Bowen advised that he both wants to be and plans to be a good neighbor to the area. Planning Commission Minutes of November 24, 1998 Page 9 Commissioner Lindstrom suggested deferring to Commissioner Gibbons and SARC for acceptance of any revisions that come back. Commissioner Gibbons stated that the elevations required additional work and the windows for the two floors are not proportionate. Stated that this is an important location for the downtown and she would like to see more information. Commissioner Lindstrom suggested more information be provided to SARC. Commissioner Gibbons suggested the project come back to SARC and the Planning Commission. Chairman Lowe asked if the applicant had a problem with a continuance. Mr. Bruce Bowen advised that he is happy to continue to work on the elevations. Commissioner Gibbons stated that the proposed paint color scheme is too bland. Mr. Bruce Bowen said that they were trying to play up architectural details instead of paint colors. Commissioner Gibbons suggested approving the Use Permit and continuing the Site Approval. Mr. Steve Piasecki advised that this was possible. Another option is to have the final details reviewed and approved by SARC. If continued, this approval would not be back before the Commission until January which is a fairly significant delay. Mr. Bruce Bowen advised that they hope to have the building complete and Pockets in place by this time next year. Commissioner Jones asked staff for the quickest way to handle this. Mr. Steve Piasecki suggested SARC review and approval of all outstanding details. Commissioner Jones asked Mr. Bowen if he would be ready in two weeks for SARC. Mr. Bruce Bowen replied that they would be ready. Chairman Lowe closed the Public Heating for Agenda Item No. 3. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3206 granting a Site and Architectural Approval (S 98-11) to allow the construction of a new two-story building in the Downtown area with the Site and Architectural Planning Commission Minutes of November 24, 1998 Page 10 Review Committee reviewing and approving final design and site changes, an added Condition requiring a Covenant regarding support of downtown community events where the streets will be blocked off and with the reduction in parking space width to 8 ~ feet, and Resolution No. 3207 approving a Conditional Use Permit (UP 98-17) to allow a billiard establishment with on-sale general liquor sales and extended hours of operation, on property located at 368 E. Campbell Avenue, by the following roll call vote: AYE S: NOES: ABSENT: ABSTAIN: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe None None Meyer-Kennedy Chairman Lowe advised that this approval is final in 10 days unless appealed in writing to the City Clerk. Commissioner Meyer-Kennedy rejoined the Commission.. Chairman Lowe read Agenda Item No. 4 into the record. S 98-06 Glush Design Associates Public Hearing to consider the application of Glush Design Associates, on behalf of Mr. & Mrs. Behmaram, for a Site and Architectural Approval (S 98-06) to allow the construction of a new single-family residence on property located at 1360 Harriet Avenue in an R-l-9 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Ms. Sharon Fierro, Senior Planner, presented the staff report as follows: · The applicant is seeking a Site approval to allow construction of a new single-family residence on the comer of Walters and Harriet Avenues. · The Zoning is R-l-9 and the lot 16,000 square feet. · An existing 600 square foot secondary dwelling is on site which is a pre-existing legal non- conforming. This unit will remain. · The existing 820 square foot primary living unit will be demolished and replaced with a 4,000 square foot home, 3,365 square feet of living space and 638 square foot, three-car garage. · The home is to be a four bedroom, two and a half bath residence with stucco and concrete tile roof. · No street improvements will be required along Walters. · The proposed resident will represent a .30 Floor Area Ratio. The San Tomas Area Neighborhood Plan allows up to a .45 FAR. Planning Commission Minutes of November 24, 1998 Page 11 · The project meets all zoning requirements and the STANP requirements. Chairman Lowe expressed his dissatisfaction that no improvements are required along Walters. Chairman Lowe opened the Public Hearing for Agenda Item No. 4. Commissioner Keams advised that there are no existing improvements on Walters. Mr. Steve Piasecki advised that there is no opportunity for the Commission to require improvements along Walters. Only Council can do so by granting an exception. He advised the Commission that a second Community Meeting on the STANP Update is scheduled for Wednesday, December 2nd. He invited all Commissioners to attend. Chairman Lowe closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3208 granting a Site and Architectural Approval (S 98-06) to allow the construction of a new single- family residence on property located at 1360 Harriet Avenue, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy NOES: Lowe ABSENT: None ABSTAIN: None Chairman Lowe advised that this approval is final in 10 days unless appealed in writing to the City Clerk. Chairman Lowe read Agenda Item No. 5 into the record. 5. Staff Review of complaints relative to Elephant Bar Restaurant located at 499 E. Hamilton Avenue. Mr. Steve Piasecki, Community Development Director, presented the staff report as follows: · Advised that Mr. Roger Razaenouri approached the Commission at Oral Request during the November l0th Planning Commission meeting with noise issues at the Elephant Bar. Chairman Lowe asked how close Mr. Razaenouri's home is to the restaurant. Ms. Aki Irani advised it was between 100 and 120 feet away. Commissioner Francois asked if there are any other residences this close. Ms. Aki Irani advised the Commission that the adjacent property houses an apartment complex. Planning Commission Minutes of November 24, 1998 Page 12 Commissioner Francois asked if there were any other complaintants. Ms. Aki Irani advised that she had spoken with the apartment complex manager who said that they had not received any formal complaints but had heard second hand of a few concerns. Mr. Roger Razaenouri, 601 Almarida Avenue: · Advised that there are eight units near his unit at the complex. · Said that he has attempted to work with Elephant Bar staff and City staff to resolve noise problems but the Elephant Bar is ignoring what they promise to do such as closing off the rear parking lot with chains. Commissioner Francois asked for the purpose in chaining off the rear parking lot. Mr. Roger Razaenouri advised that by chaining of the rear lot, garbage can't be emptied and noisy cars cannot park close to the apartments after hours. Commissioner Francois asked what times of day the disturbances are occuring. Mr. Roger Razaenouri replied between the hours of 2:30 a.m. and 4:30 a.m. for tasks such as carpet cleaning and garbage collection. He asked that the restaurant be compelled to adhere to some guidelines. Mentioned a Sunday morning when the parking lot was swept at 8:15 a.m. Commissioner Francois stated that it was surprising that there was just one complaintant. Added that the informal agreement between Mr. Razaenouri and the Elephant Bar is not one that should be enforced by the City. Chairman Lowe asked if staffhad queried the Police Department for noise complaints. Ms. Aki Irani advised that she had done so several months ago. There were some complaints. Commissioner Francois stated that for every business at which there are alcohol sales police get complaints. Mr. Roger Razaenouri stated that he would bring forward petitions if necessary and added that he wants assistance in getting Elephant Bar's attention. Mr. Bob Bronte, General Manager, Elephant Bar: · Stated that he did not know why he was present this evening. Commissioner Gibbons asked about the Sunday street sweeping. Mr. Bob Bronte: Planning Commission Minutes of November 24, 1998 Page 13 · Advised that this service is a recent addition to the maintenance program during the time at which the trees are loosing their leaves. They changed the service to Mondays after the complaint. · Added that they do install the chain at the rear parking lot and he often times calls to ensure that it has been installed. · Advised that on some occasions they are unable to place the chain in place because customer cars are still in that part of the lot. · Said that they go to extraordinary lengths including the chain closing offthe rear parking lot, deadbolts on doors to prevent access to the rear after hours and deadbolts on the garbage enclosure to prevent use after hours. Commissioner Francois asked Mr. Bronte if he felt these were legitimate complaints. Mr. Bob Bronte advised that during construction, Mr. Razaenouri had legitimate complaints. However, since the completion of construction, his complaints no longer have merit. Commissioner Francois stated that he would expect an enormous amount of complaints rather than one person. Asked what can be done. Mr. Bob Bronte stated that he was not sure what could be done. Mr. Razaenouri is the only one who complains. One person constantly hounding is difficult to resolve. Mr. Roger Razaenouri took exception to the term "hounding" saying that others also complain. Commissioner Francois suggested that Mr. Razaenouri bring those other people forward rather than a petition. Mr. Roger Razaenouri stated that he knows two people who moved partially because of Elephant Bar. Chairman Lowe stated that the Elephant Bar has cooperated and is making a reasonable effort. Commissioner Meyer-Kennedy stated that the complaint has been presented, handled and completed and is being carried too far. Commissioner Francois agreed stating that he is sensitive to all including business owners. Mr. Razaenouri is attempting to place unreasonable stipulations on this business. Chairman Lowe asked if the hours of operation from 11 a.m. to 12 a.m. include delivery hours. City Attorney William Seligmann stated that a strict interpretation would include those hours as delivery hours for the business. Planning Commission Minutes of November 24, 1998 Page 14 Chairman Lowe stated that he believes Elephant Bar has provided reasonable efforts to respond. Options for the Commission include having staff continue to work with Elephant Bar, modifying the Conditions of Approval for Elephant Bar or initiating revocation of the Use Permit which is unnecessary. Suggested that staff continue to work with the complainant and the Elephant Bar and return to the Commission in six months. Commissioner Gibbons stated that she did not find the Elephant Bar representative's attitude to be that of a "good neighbor". She added that Mr. Razaenouri also needs to be a good neighbor in reverse. Suggested that Mr. Razaenouri maintain a diary of his concerns and suggested that more than one individual should forward a complaint if the noise situation is as bad as Mr. Razaenouri claims. Chairman Lowe asked staff to provide a Police Department update at the six month review. Commissioner Keams suggested that six months was too far off and recommended three months. Chairman Lowe agreed. Mr. Steve Piasecki suggested the second meeting in February. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Kearns, the Planning Commission unanimously voted to continue consideration of the neighbor complaints regarding noise concerns at the Elephant Bar Restaurant for three months time to the February 23, 1999, Planning Commisison meeting and asked that staff provide Police Department records of any complaints regarding this use at that time. (7-0) REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions: · Advised that thc Council approved the Pultc/Larkspur project per the Commission's recommendation. · Announced thc San Tomas Area Neighborhood Plan Update Meeting on December 2, 1998. ADJOURNMENT The Planning Commission meeting adjourned at 9:53, p.m. to the Planning Commission meeting of December 8, 1998, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Planning Commission Minutes of November 24,1.998 ~--~ ,,~-~'age 1.5 Corinne A. Shinn, Recording Secretary APPROVED BY: ATTEST: Cha~irman D"~is Lowe Steve Piasecki, Secretary